Text of New York State Bill S08127

                                                                               
                           S T A T E   O F   N E W   Y O R K                   
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                                         8127                                  
                                                                               
                                   I N  S E N A T E                            
                                                                               
                                     June 11, 2000                             
                                      ___________                              
                                                                               
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules                     
                                                                               
       AN ACT to amend the public health law, in relation to health information
         and quality improvement; to amend the education law,  in  relation  to
         required  notice for restoration of certain licenses and the recission
         of such restoration; and to amend the insurance law,  in  relation  to
         the failure to report professional malpractice or misconduct          
                                                                               
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:                                               
                                                                               
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "patient health information and quality improvement act of 2000".   
    3    S  2. The public health law is amended by adding a new article 29-D to
    4  read as follows:                                                        
    5                                ARTICLE 29-D                              
    6                           HEALTH INFORMATION AND                         
    7                             QUALITY IMPROVEMENT                          
                                                                               
    8                                   TITLE 1                                
    9                             HEALTH INFORMATION                           
                                                                               
   10  SECTION 2995. STRUCTURE AND DEFINITIONS.                                
   11          2995-A. PHYSICIAN PROFILES.                                     
   12          2995-B. HOSPITAL REPORT CARDS.                                  
   13          2995-C. HEALTH CARE PLAN DATA.                                  
   14          2995-D. FURTHER STUDY OF OTHER HEALTH CARE PRACTITIONER DATA.   
   15          2996.   STUDY OF PHYSICIAN CREDENTIALING.                       
   16          2997.   PATIENT PRIVACY.                                        
   17          2997-A. PUBLIC ACCESS.                                          
   18    S 2995.  STRUCTURE AND DEFINITIONS. 1.  STRUCTURE.  (A) THE DEPARTMENT
   19  SHALL UNDERTAKE AN INITIATIVE FOR THE PURPOSES OF INCREASING THE  INFOR-
   20  MATION AVAILABLE TO PATIENTS ABOUT HEALTH CARE PROVIDERS AND HEALTH CARE
   21  PLANS, AND IMPROVING THE QUALITY OF HEALTH CARE IN THIS STATE, BY CREAT-
   22  ING A STATEWIDE HEALTH INFORMATION SYSTEM, COLLECTING HEALTH INFORMATION
   23  FOR  DISSEMINATION BY MEANS OF SUCH SYSTEM, AND STUDYING ADDITIONAL USES
   24  OF SUCH INFORMATION.   SUCH MONEYS AS MAY BE  NECESSARY  TO  EFFECT  THE
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD17159-02-0
                                                                               
       S. 8127                             2                                   
                                                                               
    1  PURPOSE  OF  THIS  SECTION MAY BE APPROPRIATED TO THE DEPARTMENT FOR ITS
    2  EXPENSES, BUT IN NO EVENT SHALL FUNDS BE DIVERTED FROM EXISTING USES  OF
    3  THE  OFFICE  OF  PROFESSIONAL  MEDICAL  CONDUCT  IN ORDER TO FULFILL THE
    4  PURPOSES OF THIS SECTION.                                               
    5    (B)  THE  DEPARTMENT  SHALL PROMULGATE RULES FOR THE PURPOSE OF IMPLE-
    6  MENTING THE PROVISIONS OF THIS TITLE.                                   
    7    2. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:                       
    8    (A) "HEALTH CARE PLAN" SHALL MEAN A HEALTH  MAINTENANCE  ORGANIZATION,
    9  AS  DEFINED BY SUBDIVISION ONE OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
   10  CHAPTER, A HEALTH  SERVICE  CORPORATION  LICENSED  PURSUANT  TO  ARTICLE
   11  FORTY-THREE  OF  THE  INSURANCE  LAW,  A  PREPAID  HEALTH  SERVICES PLAN
   12  LICENSED PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-A OF THIS CHAPTER,
   13  OR AN INTEGRATED DELIVERY SYSTEM LICENSED PURSUANT TO SECTION FORTY-FOUR
   14  HUNDRED EIGHT-A OF THIS CHAPTER.                                        
   15    (B) "HEALTH INFORMATION" SHALL MEAN PHYSICIAN DATA, HOSPITAL DATA, AND
   16  HEALTH CARE PLAN DATA, TO THE EXTENT SUCH DATA IS  DISCLOSABLE  PURSUANT
   17  TO  ANY PROVISION OF LAW. SUCH TERM SHALL NOT INCLUDE INDIVIDUAL PATIENT
   18  DATA, EXCEPT TO THE EXTENT SUCH DATA  IS  DISCLOSABLE  PURSUANT  TO  ANY
   19  OTHER PROVISION OF LAW.                                                 
   20    (C) "INDIVIDUAL PATIENT DATA" SHALL MEAN ANY INFORMATION CONCERNING AN
   21  INDIVIDUAL PATIENT, WHETHER HELD ORALLY OR RECORDED IN ANY FORM OR MEDI-
   22  UM, INCLUDING, BUT NOT LIMITED TO, INFORMATION DERIVED FROM A BIOLOGICAL
   23  SAMPLE FROM THE PATIENT, THE SAMPLE ITSELF OR GENETIC INFORMATION THAT: 
   24    (I)  RELATES  TO  THE  PHYSICAL  OR  MENTAL HEALTH OF THE PATIENT, THE
   25  PROVISION OF HEALTH  CARE  TO  THE  PATIENT,  OR  THE  PAYMENT  FOR  THE
   26  PROVISION OF HEALTH CARE TO THE PATIENT; AND                            
   27    (II) (A) IDENTIFIES THE INDIVIDUAL PATIENT;                           
   28    (B) COULD FORSEEABLY BE USED OR MANIPULATED TO IDENTIFY THE INDIVIDUAL
   29  PATIENT; OR                                                             
   30    (C)  COULD  FORSEEABLY  BE  LINKED OR MATCHED TO ANY OTHER INFORMATION
   31  DESCRIBED IN CLAUSE (A) OR (B) OF THIS SUBPARAGRAPH.                    
   32    (D) "STATEWIDE HEALTH INFORMATION SYSTEM" SHALL MEAN A  COLLECTION  OF
   33  HEALTH  INFORMATION TO BE PUBLICLY AVAILABLE ON AN ONGOING BASIS FOR THE
   34  PURPOSE OF MAKING STATEWIDE COMPARISONS.                                
   35    S 2995-A.  PHYSICIAN PROFILES. 1. THE  DEPARTMENT  SHALL  COLLECT  THE
   36  FOLLOWING  INFORMATION  AND  CREATE  INDIVIDUAL  PROFILES  ON  LICENSEES
   37  SUBJECT TO THE AUTHORITY OF THE OFFICE OF PROFESSIONAL MEDICAL  CONDUCT,
   38  IN A FORMAT THAT SHALL BE AVAILABLE FOR DISSEMINATION TO THE PUBLIC:    
   39    (A)  A  STATEMENT  OF  ANY CRIMINAL CONVICTIONS (AS DEFINED BY SECTION
   40  1.20 OF THE CRIMINAL PROCEDURE LAW) WITHIN THE MOST  RECENT  TEN  YEARS,
   41  UNDER THE LAWS OF NEW YORK STATE OR ANY OTHER JURISDICTION, FOR OFFENSES
   42  SPECIFIED BY REGULATIONS OF THE DEPARTMENT;                             
   43    (B)  A  STATEMENT  OF  ANY  ACTION  (OTHER THAN AN ACTION THAT REMAINS
   44  CONFIDENTIAL) TAKEN AGAINST THE LICENSEE PURSUANT TO SECTION TWO HUNDRED
   45  THIRTY OF THIS CHAPTER OR ANY SIMILAR ACTION TAKEN BY ANY OTHER STATE OR
   46  LICENSING ENTITY, WITHIN THE MOST RECENT TEN YEARS;                     
   47    (C) A STATEMENT OF ANY CURRENT LIMITATION OF THE LICENSEE TO A  SPECI-
   48  FIED AREA, TYPE, SCOPE OR CONDITION OF PRACTICE;                        
   49    (D)  A  STATEMENT  OF  ANY LOSS OR INVOLUNTARY RESTRICTION OF HOSPITAL
   50  PRIVILEGES OR A FAILURE TO RENEW PROFESSIONAL  PRIVILEGES  AT  HOSPITALS
   51  WITHIN THE LAST TEN YEARS, FOR REASONS RELATED TO THE QUALITY OF PATIENT
   52  CARE  DELIVERED OR TO BE DELIVERED BY THE PHYSICIAN WHERE PROCEDURAL DUE
   53  PROCESS HAS BEEN AFFORDED, EXHAUSTED, OR WAIVED, OR THE RESIGNATION FROM
   54  OR REMOVAL OF MEDICAL STAFF MEMBERSHIP OR RESTRICTION OF PRIVILEGES AT A
   55  HOSPITAL TAKEN IN LIEU OF A PENDING DISCIPLINARY  CASE  RELATED  TO  THE
   56  QUALITY  OF  PATIENT  CARE DELIVERED OR TO BE DELIVERED BY THE PHYSICIAN
                                                                               
       S. 8127                             3                                   
                                                                               
    1  (NOTWITHSTANDING  PARAGRAPH  (A)  OF  SUBDIVISION   THREE   OF   SECTION
    2  TWENTY-EIGHT  HUNDRED THREE-E OF THIS CHAPTER, AS ADDED BY CHAPTER EIGHT
    3  HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED EIGHTY);              
    4    (E) (I) A STATEMENT INDICATING THE NUMBER OF MEDICAL MALPRACTICE COURT
    5  JUDGMENTS  AND  ARBITRATION  AWARDS  WITHIN THE MOST RECENT TEN YEARS IN
    6  WHICH A PAYMENT IS  AWARDED  TO  A  COMPLAINING  PARTY  (NOTWITHSTANDING
    7  SUBSECTION  (F)  OF SECTION THREE HUNDRED FIFTEEN OF THE INSURANCE LAW);
    8  AND                                                                     
    9    (II) A STATEMENT INDICATING ALL  MALPRACTICE  SETTLEMENTS  WITHIN  THE
   10  MOST RECENT TEN YEARS IN WHICH PAYMENT IS AWARDED TO A COMPLAINING PARTY
   11  (NOTWITHSTANDING  SUBSECTION (F) OF SECTION THREE HUNDRED FIFTEEN OF THE
   12  INSURANCE LAW),                                                         
   13    (A) IF THE TOTAL NUMBER OF SETTLEMENTS EXCEEDS TWO; OR                
   14    (B) IF THE COMMISSIONER DETERMINES ANY SUCH SETTLEMENT COULD BE  RELE-
   15  VANT  TO  PATIENT  DECISIONMAKING  CONCERNING HEALTH CARE QUALITY.   THE
   16  STATEMENT SHALL INCLUDE THE FOLLOWING: "SETTLEMENT PAYMENTS WILL  APPEAR
   17  IN  THIS PROFILE ONLY IF THE TOTAL NUMBER OF SETTLEMENTS MADE WITHIN THE
   18  PAST TEN YEARS EXCEEDS TWO, OR IF THE COMMISSIONER OF HEALTH  DETERMINES
   19  A  SETTLEMENT TO BE RELEVANT TO PATIENT DECISIONMAKING.  SETTLEMENT OF A
   20  CLAIM MAY OCCUR FOR A VARIETY  OF  REASONS,  WHICH  DO  NOT  NECESSARILY
   21  REFLECT  NEGATIVELY  ON  THE  PROFESSIONAL  COMPETENCE OR CONDUCT OF THE
   22  PHYSICIAN. A PAYMENT IN SETTLEMENT OF A MEDICAL  MALPRACTICE  ACTION  OR
   23  CLAIM   DOES  NOT  NECESSARILY  MEAN  THAT  A  MEDICAL  MALPRACTICE  HAS
   24  OCCURRED."  THE COMMISSIONER MAY SUPPLEMENT SUCH  STATEMENT  AS  MAY  BE
   25  APPROPRIATE.                                                            
   26    (III) JUDGMENTS, AWARDS AND SETTLEMENTS SHALL BE REPORTED IN GRADUATED
   27  CATEGORIES  INDICATING  THE LEVEL OF SIGNIFICANCE, DATE AND PLACE OF THE
   28  JUDGMENT, AWARD OR SETTLEMENT. INFORMATION CONCERNING  MEDICAL  MALPRAC-
   29  TICE  JUDGMENTS,  AWARDS  AND  SETTLEMENTS  SHALL  BE  PUT IN CONTEXT BY
   30  COMPARING AN INDIVIDUAL LICENSEE`S MEDICAL  MALPRACTICE  SETTLEMENTS  TO
   31  THE  EXPERIENCE  OF  OTHER  PHYSICIANS IN NEW YORK STATE WITHIN THE SAME
   32  BOARD SPECIALTY.  PENDING MALPRACTICE CLAIMS SHALL NOT BE  DISCLOSED  TO
   33  THE  PUBLIC  UNDER  THIS SECTION.   NOTHING HEREIN SHALL BE CONSTRUED TO
   34  PREVENT THE BOARD FROM INVESTIGATING OR DISCIPLINING A LICENSEE  ON  THE
   35  BASIS OF MEDICAL MALPRACTICE CLAIMS THAT ARE PENDING;                   
   36    (F) NAME OF MEDICAL SCHOOLS ATTENDED AND DATE OF GRADUATIONS;         
   37    (G) GRADUATE MEDICAL EDUCATION;                                       
   38    (H) CURRENT SPECIALITY BOARD CERTIFICATION AND DATE OF CERTIFICATION; 
   39    (I) DATES ADMITTED TO PRACTICE IN NEW YORK STATE;                     
   40    (J) NAMES OF HOSPITALS WHERE THE LICENSEE HAS PRACTICE PRIVILEGES;    
   41    (K)  APPOINTMENTS  TO  MEDICAL  SCHOOL  FACULTIES AND INDICATION AS TO
   42  WHETHER A LICENSEE HAS HAD A RESPONSIBILITY FOR GRADUATE MEDICAL  EDUCA-
   43  TION WITHIN THE MOST RECENT TEN YEARS;                                  
   44    (L) INFORMATION REGARDING PUBLICATIONS IN PEER REVIEWED MEDICAL LITER-
   45  ATURE WITHIN THE MOST RECENT TEN YEARS;                                 
   46    (M) INFORMATION REGARDING PROFESSIONAL OR COMMUNITY SERVICE ACTIVITIES
   47  OR AWARDS;                                                              
   48    (N)  (I) THE LOCATION OF THE LICENSEE`S PRIMARY PRACTICE SETTING IDEN-
   49  TIFIED AS SUCH; AND                                                     
   50    (II) THE NAMES OF ANY  LICENSED  PHYSICIANS  WITH  WHOM  THE  LICENSEE
   51  SHARES  A  GROUP PRACTICE, AS DEFINED IN SUBDIVISION FIVE OF SECTION TWO
   52  HUNDRED THIRTY-EIGHT OF THIS CHAPTER;                                   
   53    (O) THE IDENTIFICATION OF ANY TRANSLATING SERVICES THAT MAY BE  AVAIL-
   54  ABLE AT THE LICENSEE`S PRIMARY PRACTICE LOCATION;                       
                                                                               
       S. 8127                             4                                   
                                                                               
    1    (P)  WHETHER  THE  LICENSEE  PARTICIPATES  IN THE MEDICAID OR MEDICARE
    2  PROGRAM OR ANY  OTHER  STATE  OR  FEDERALLY  FINANCED  HEALTH  INSURANCE
    3  PROGRAM; AND                                                            
    4    (Q)  HEALTH  CARE PLANS WITH WHICH THE LICENSEE HAS CONTRACTS, EMPLOY-
    5  MENT, OR OTHER AFFILIATION.                                             
    6    2. NOTHING IN THIS SECTION SHALL LIMIT THE DEPARTMENT`S  AUTHORITY  TO
    7  COLLECT, REQUIRE REPORTING OF, PUBLISH OR OTHERWISE DISSEMINATE INFORMA-
    8  TION ABOUT LICENSEES.                                                   
    9    3.  EACH  PHYSICIAN WHO IS SELF-INSURED FOR PROFESSIONAL MEDICAL MALP-
   10  RACTICE SHALL PERIODICALLY REPORT TO THE DEPARTMENT ON FORMS AND IN  THE
   11  TIME  AND  MANNER REQUIRED BY THE COMMISSIONER THE INFORMATION SPECIFIED
   12  IN PARAGRAPH (F) OF SUBDIVISION ONE OF THIS  SECTION,  EXCEPT  THAT  THE
   13  PHYSICIAN  SHALL  REPORT  THE DOLLAR AMOUNT (TO THE EXTENT OF THE PHYSI-
   14  CIAN`S INFORMATION AND BELIEF) FOR EACH JUDGMENT, AWARD  AND  SETTLEMENT
   15  AND NOT A LEVEL OF SIGNIFICANCE OR CONTEXT.                             
   16    4. EACH PHYSICIAN SHALL PERIODICALLY REPORT TO THE DEPARTMENT ON FORMS
   17  AND IN THE TIME AND MANNER REQUIRED BY THE COMMISSIONER ANY OTHER INFOR-
   18  MATION  AS IS REQUIRED BY THE DEPARTMENT FOR THE DEVELOPMENT OF PROFILES
   19  UNDER THIS SECTION WHICH IS NOT OTHERWISE REASONABLY OBTAINABLE.        
   20    5. THE DEPARTMENT SHALL PROVIDE EACH LICENSEE WITH A COPY  OF  HIS  OR
   21  HER PROFILE PRIOR TO DISSEMINATION TO THE PUBLIC. IN THE MANNER AND TIME
   22  REQUIRED  BY THE COMMISSIONER, A LICENSEE SHALL BE PROVIDED THE OPPORTU-
   23  NITY TO CORRECT FACTUAL INACCURACIES THAT APPEAR IN THE  PROFILE.    THE
   24  PHYSICIAN  SHALL  BE  PERMITTED  TO  FILE A CONCISE STATEMENT CONCERNING
   25  INFORMATION CONTAINED IN THE PROFILE, WHICH SHALL BE DISSEMINATED THERE-
   26  WITH.                                                                   
   27    6. A PHYSICIAN MAY ELECT TO HAVE  HIS  OR  HER  PROFILE  OMIT  CERTAIN
   28  INFORMATION  PROVIDED  PURSUANT  TO  PARAGRAPHS (L), (M), (N) AND (Q) OF
   29  SUBDIVISION ONE OF THIS SECTION.   IN COLLECTING  INFORMATION  FOR  SUCH
   30  PROFILES  AND DISSEMINATING THE SAME, THE DEPARTMENT SHALL INFORM PHYSI-
   31  CIANS THAT THEY MAY CHOOSE NOT  TO  PROVIDE  SUCH  INFORMATION  REQUIRED
   32  PURSUANT  TO PARAGRAPHS (L), (M), (N) AND (Q) OF SUBDIVISION ONE OF THIS
   33  SECTION.                                                                
   34    7. A PHYSICIAN WHO KNOWINGLY PROVIDES MATERIALLY  INACCURATE  INFORMA-
   35  TION  UNDER  THIS  SECTION  SHALL  BE  GUILTY OF PROFESSIONAL MISCONDUCT
   36  PURSUANT TO SECTION SIXTY-FIVE HUNDRED THIRTY OF THE EDUCATION LAW.     
   37    8. THE DEPARTMENT SHALL ESTABLISH A TOLL-FREE TELEPHONE NUMBER THROUGH
   38  WHICH IT SHALL ANSWER INQUIRIES ABOUT AND ACCEPT ORDERS  FOR  HARD  COPY
   39  PHYSICIAN  PROFILES  ESTABLISHED  PURSUANT  TO  THIS  SECTION AND ACCEPT
   40  CONSUMER  COMPLAINTS  ABOUT  SUSPECTED  PROFESSIONAL  MISCONDUCT.    THE
   41  DEPARTMENT  MAY  CHARGE  A  NOMINAL FEE FOR PRODUCING AND MAILING A HARD
   42  COPY PHYSICIAN PROFILE.                                                 
   43    9. THE DEPARTMENT SHALL, IN ADDITION TO HARD COPY PHYSICIAN  PROFILES,
   44  PROVIDE  FOR  ELECTRONIC  ACCESS  TO  AND  COPYING OF PHYSICIAN PROFILES
   45  DEVELOPED PURSUANT TO THIS SECTION THROUGH THE SYSTEM COMMONLY KNOWN  AS
   46  THE INTERNET.                                                           
   47    10. THE COMMISSIONER SHALL REQUIRE THAT:                              
   48    (A)  PRACTITIONER  ORGANIZATIONS THAT ARE REPRESENTATIVE OF THE TARGET
   49  GROUP FOR PROFILING, AND HEALTH CARE CONSUMER ORGANIZATIONS, BE PROVIDED
   50  THE OPPORTUNITY TO REVIEW AND  COMMENT  ON  THE  PROFILING  METHODOLOGY,
   51  INCLUDING  COLLECTION  METHODS,  ANALYSIS,  FORMATTING,  AND METHODS AND
   52  MEANS FOR RELEASE AND DISSEMINATION.                                    
   53    (B) COMPARISONS OF PRACTITIONER PROFILES SHALL BE ORGANIZED  ACCORDING
   54  TO PRACTITIONER AREAS OF PRACTICE.                                      
   55    11.  THE COMMISSIONER SHALL EVALUATE THE UTILITY AND PRACTICABILITY OF
   56  INCLUDING IN THE PROFILE A COMPARISON OF MALPRACTICE DATA BY  GEOGRAPHIC
                                                                               
       S. 8127                             5                                   
                                                                               
    1  AREA.  HOWEVER,  THE  IMPLEMENTATION OF THE PROFILE SHALL NOT BE DELAYED
    2  PENDING SUCH EVALUATION.                                                
    3    12.  THE  COMMISSIONER  SHALL DEVELOP AND DISTRIBUTE A NOTICE SUITABLE
    4  FOR POSTING THAT INFORMS CONSUMERS  OF  THE  AVAILABILITY  OF  PHYSICIAN
    5  PROFILES  AND THE TELEPHONE NUMBERS AND INTERNET ADDRESSES FOR ACCESSING
    6  THEM.                                                                   
    7    13. FURTHER STUDY OF PHYSICIAN PROFILES.  AFTER  THE  INITIAL  DISSEM-
    8  INATION  OF  THE DATA IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION, THE
    9  DEPARTMENT SHALL CONDUCT  A  FURTHER  STUDY  OF  PHYSICIAN  PROFILES  AS
   10  FOLLOWS:                                                                
   11    (A) DATA SOURCES. THE DEPARTMENT SHALL IDENTIFY THE TYPES OF PHYSICIAN
   12  DATA TO WHICH THE PUBLIC HAS ACCESS, INCLUDING ALL INFORMATION AVAILABLE
   13  FROM  FEDERAL, STATE OR LOCAL AGENCIES WHICH IS USEFUL FOR MAKING DETER-
   14  MINATIONS CONCERNING HEALTH CARE QUALITY DETERMINATIONS.  THE DEPARTMENT
   15  SHALL STUDY ALL PHYSICIAN DATA REPORTING REQUIREMENTS AND DEVELOP RECOM-
   16  MENDATIONS TO CONSOLIDATE DATA COLLECTION AND  ELIMINATE  DUPLICATE  AND
   17  UNNECESSARY  REPORTING REQUIREMENTS, OR TO SUPPLEMENT EXISTING REPORTING
   18  REQUIREMENTS IN ORDER TO SATISFY THE REQUIREMENTS OF THIS SECTION.      
   19    (B) SUPPLEMENTAL INFORMATION ADJUSTMENT AND SECURITY SAFEGUARDS.   THE
   20  DEPARTMENT  SHALL  DEVELOP  A  METHODOLOGY  FOR APPLICATION TO COLLECTED
   21  PHYSICIAN DATA THAT ACCOUNTS FOR FACTORS SUCH AS FREQUENCY, SEVERITY AND
   22  GEOGRAPHIC AREA WHICH SHALL BE USED TO PROVIDE CONTEXT TO REPORTED DATA.
   23  ANY SUCH METHODOLOGY SHALL NOT DIMINISH THE INFORMATION REPORTED  PURSU-
   24  ANT  TO SUBDIVISION ONE OF THIS SECTION. IN DEVELOPING SUCH METHODOLOGY,
   25  THE DEPARTMENT MAY CONSULT WITH PHYSICIANS, INCLUDING REPRESENTATIVES OF
   26  APPROPRIATE SPECIALTY SOCIETIES.  THE DEPARTMENT MAY ALSO  CONSULT  WITH
   27  ORGANIZATIONS  REPRESENTING  CONSUMERS, OTHER HEALTH CARE PROVIDERS, AND
   28  HEALTH CARE PLANS.   ANY SUCH METHODOLOGY  SHALL  INCLUDE  ADEQUATE  AND
   29  APPROPRIATE SAFEGUARDS TO ENSURE THE SECURITY, ACCURACY AND INTEGRITY OF
   30  HEALTH INFORMATION CREATED, RECEIVED, MAINTAINED, USED OR TRANSMITTED IN
   31  CONNECTION  WITH  THE  STATEWIDE HEALTH INFORMATION SYSTEM.   SUCH SAFE-
   32  GUARDS SHALL BE SUFFICIENT TO MEET ANY MINIMUM STANDARDS  SET  BY  STATE
   33  AND FEDERAL LAWS AND REGULATIONS.                                       
   34    (C)  PUBLIC REVIEW.   THE DEPARTMENT SHALL PROVIDE ORGANIZATIONS WHICH
   35  ARE REPRESENTATIVE OF CONSUMERS, PHYSICIANS,  INCLUDING  REPRESENTATIVES
   36  OF  APPROPRIATE  SPECIALTY  SOCIETIES,  OTHER  HEALTH CARE PROVIDERS AND
   37  HEALTH CARE PLANS THE OPPORTUNITY TO REVIEW AND COMMENT ON ITS  DETERMI-
   38  NATIONS  AND  RECOMMENDATIONS.    THE  DEPARTMENT  SHALL  CONSIDER  SUCH
   39  COMMENTS, AND  MAY  AMEND  ITS  DETERMINATIONS  AND  RECOMMENDATIONS  TO
   40  REFLECT THEM.                                                           
   41    (D)  REPORT.  THE  DEPARTMENT  SHALL  PROVIDE A REPORT OF ITS DETERMI-
   42  NATIONS AND RECOMMENDATIONS TO THE GOVERNOR AND  LEGISLATURE,  AND  MAKE
   43  SUCH  REPORT PUBLICLY AVAILABLE, WITHIN SIX MONTHS OF THE EFFECTIVE DATE
   44  OF THIS SECTION.                                                        
   45    (E) APPLICATION. THE DEPARTMENT SHALL THEREAFTER APPLY SUCH  METHODOL-
   46  OGY TO THE DATA TO BE DISSEMINATED IN PHYSICIAN PROFILES.               
   47    14.  THE  PHYSICIAN  DATA  SO DISSEMINATED SHALL BE UPDATED AT REGULAR
   48  INTERVALS TO BE DETERMINED BY THE DEPARTMENT.                           
   49    15. ALL PHYSICIAN DATA DISSEMINATED SHALL INCLUDE THE FOLLOWING STATE-
   50  MENT: "THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE  BEST  OF
   51  THE  KNOWLEDGE  OF  THE DEPARTMENT, BASED ON THE INFORMATION SUPPLIED BY
   52  THE PHYSICIAN WHO IS THE SUBJECT OF THE DATA."                          
   53    16. IF, AFTER INITIAL DISSEMINATION OF THE PHYSICIAN DATA REQUIRED  BY
   54  THIS SECTION, THE DEPARTMENT DETERMINES THAT ANY SUCH DATA IS NOT USEFUL
   55  FOR MAKING QUALITY DETERMINATIONS, THE DEPARTMENT SHALL RECOMMEND TO THE
   56  LEGISLATURE THE NECESSARY STATUTORY CHANGES.                            
                                                                               
       S. 8127                             6                                   
                                                                               
    1    S  2995-B.  HOSPITAL REPORT CARDS. 1. COLLECTION. THE DEPARTMENT SHALL
    2  COLLECT THE FOLLOWING HOSPITAL DATA FOR DISSEMINATION TO INFORM CONSUMER
    3  DECISIONMAKING VIA A STATEWIDE HEALTH INFORMATION SYSTEM:               
    4    (A)   UTILIZATION  AND  PERFORMANCE  INFORMATION  TO  PROMOTE  QUALITY
    5  IMPROVEMENT ACTIVITIES WHICH WAS COLLECTED AND EVALUATED FOR APPROPRIATE
    6  DISSEMINATION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDIVI-
    7  SION ONE OF THE FORMER SECTION  TWENTY-EIGHT  HUNDRED  SEVEN-N  OF  THIS
    8  CHAPTER, AS ADDED BY SECTION SIXTY OF CHAPTER SIX HUNDRED THIRTY-NINE OF
    9  THE LAWS OF NINETEEN HUNDRED NINETY-SIX;                                
   10    (B)  STATEWIDE  PERFORMANCE  DATA  COMPARING  UTILIZATION AND SELECTED
   11  PERFORMANCE MEASURES TO ACCEPTED NORMS AND/OR  BENCHMARKS  DEVELOPED  BY
   12  RECOGNIZED  EXPERTS, WHICH WERE DEVELOPED PURSUANT TO SUBPARAGRAPH (III)
   13  OF PARAGRAPH (A) OF SUBDIVISION ONE OF THE FORMER  SECTION  TWENTY-EIGHT
   14  HUNDRED  SEVEN-N  OF  THIS CHAPTER, AS ADDED BY SECTION SIXTY OF CHAPTER
   15  SIX HUNDRED THIRTY-NINE OF THE LAWS OF NINETEEN HUNDRED NINETY-SIX; AND 
   16    (C) OTHER HOSPITAL DATA, IF ANY, COLLECTED FOR PUBLIC DISSEMINATION BY
   17  THE STATE TASK FORCE ON HEALTH CARE QUALITY IMPROVEMENT PURSUANT TO  THE
   18  FORMER  SECTION TWENTY-EIGHT HUNDRED FOUR-B OF THIS CHAPTER, AS ADDED BY
   19  SECTION SIXTY-A OF CHAPTER SIX HUNDRED THIRTY-NINE OF THE LAWS OF  NINE-
   20  TEEN HUNDRED NINETY-SIX.                                                
   21    2.  PREPARATION OF DATA AND PUBLIC REVIEW. THE DEPARTMENT SHALL THERE-
   22  AFTER PREPARE AND RISK-ADJUST AS APPROPRIATE THE COLLECTED HOSPITAL DATA
   23  FOR DISSEMINATION PURSUANT TO THE FORMER SUBPARAGRAPH (III) OF PARAGRAPH
   24  (C) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED  FOUR-B  OF  THIS
   25  CHAPTER,  AS ADDED BY SECTION SIXTY-A OF CHAPTER SIX HUNDRED THIRTY-NINE
   26  OF THE LAWS OF NINETEEN HUNDRED NINETY-SIX.  THE DEPARTMENT SHALL  COOR-
   27  DINATE  ITS  EFFORTS WITH PROGRAMS OF THE NATIONAL FORUM FOR HEALTH CARE
   28  QUALITY MEASUREMENT AND REPORTING (QUALITY FORUM).  THE DEPARTMENT SHALL
   29  PROVIDE EACH HOSPITAL WITH A COPY OF THE HOSPITAL  DATA  TO  BE  DISSEM-
   30  INATED  CONCERNING IT.  IN A MANNER AND TIME REQUIRED BY THE DEPARTMENT,
   31  THE HOSPITAL SHALL BE PROVIDED WITH AN OPPORTUNITY  TO  CORRECT  FACTUAL
   32  INACCURACIES,  AND  TO  FILE  A  STATEMENT  IN  A FORM PRESCRIBED BY THE
   33  DEPARTMENT CONCERNING THE DATA, WHICH STATEMENT  SHALL  BE  DISSEMINATED
   34  WITH SUCH DATA.                                                         
   35    3.  DISSEMINATION.  THE  DEPARTMENT  SHALL  THEREAFTER DISSEMINATE THE
   36  COLLECTED HOSPITAL DATA, WITH CORRECTIONS AND STATEMENTS, IF ANY.       
   37    (A) THEREAFTER, THE HOSPITAL DATA SO DISSEMINATED SHALL BE UPDATED  AT
   38  REGULAR INTERVALS TO BE DETERMINED BY THE DEPARTMENT.                   
   39    (B)  ALL HOSPITAL DATA DISSEMINATED SHALL INCLUDE THE FOLLOWING STATE-
   40  MENT:  "THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE BEST  OF
   41  THE  KNOWLEDGE  OF  THE DEPARTMENT, BASED ON THE INFORMATION SUPPLIED BY
   42  THE HOSPITAL WHICH IS THE SUBJECT OF THE DATA."                         
   43    (C) IF THE DEPARTMENT DETERMINES THAT  ANY  DATA  TO  BE  DISSEMINATED
   44  PURSUANT  TO  THIS  SECTION  IS  NOT  USEFUL FOR MAKING QUALITY DETERMI-
   45  NATIONS, THE DEPARTMENT SHALL RECOMMEND TO THE LEGISLATURE THE NECESSARY
   46  STATUTORY CHANGES.                                                      
   47    S 2995-C. HEALTH CARE PLAN DATA. 1. COLLECTION.  THE DEPARTMENT  SHALL
   48  COLLECT FOR DISSEMINATION VIA A STATEWIDE HEALTH INFORMATION SYSTEM, ANY
   49  HEALTH CARE PLAN DATA COLLECTED FOR PUBLIC DISSEMINATION PURSUANT TO THE
   50  QUALITY  ASSURANCE REPORTING REQUIREMENTS DEVELOPED BY THE DEPARTMENT IN
   51  CONJUNCTION WITH THE NATIONAL COMMITTEE ON QUALITY ASSURANCE.           
   52    2. PREPARATION OF DATA AND PUBLIC REVIEW.  THE DEPARTMENT SHALL THERE-
   53  AFTER PREPARE THE COLLECTED HEALTH CARE  PLAN  DATA  FOR  DISSEMINATION.
   54  THE  DEPARTMENT  SHALL  PROVIDE EACH HEALTH CARE PLAN WITH A COPY OF THE
   55  HEALTH CARE PLAN DATA TO BE DISSEMINATED CONCERNING IT. IN A MANNER  AND
   56  TIME  REQUIRED BY THE DEPARTMENT, THE HEALTH CARE PLAN SHALL BE PROVIDED
                                                                               
       S. 8127                             7                                   
                                                                               
    1  WITH AN OPPORTUNITY TO CORRECT  FACTUAL  INACCURACIES,  AND  TO  FILE  A
    2  STATEMENT  IN  A  FORM PRESCRIBED BY THE DEPARTMENT CONCERNING THE DATA,
    3  WHICH STATEMENT SHALL BE DISSEMINATED WITH THE DATA.                    
    4    3.  DISSEMINATION.    THE  DEPARTMENT SHALL THEREAFTER DISSEMINATE THE
    5  COLLECTED HEALTH CARE PLAN DATA, WITH  CORRECTIONS  AND  STATEMENTS,  IF
    6  ANY.                                                                    
    7    (A)  THEREAFTER,  THE  HEALTH  CARE PLAN DATA SO DISSEMINATED SHALL BE
    8  UPDATED AT REGULAR INTERVALS TO BE DETERMINED BY THE COMMITTEE.         
    9    (B) ALL HEALTH CARE PLAN DATA DISSEMINATED SHALL INCLUDE THE FOLLOWING
   10  STATEMENT: "THE DATA COLLECTED BY THE DEPARTMENT IS ACCURATE TO THE BEST
   11  OF THE KNOWLEDGE OF MEMBERS AND STAFF, BASED ON THE INFORMATION SUPPLIED
   12  BY THE HEALTH CARE PLAN WHICH IS THE SUBJECT OF THE DATA."              
   13    (C) IF THE DEPARTMENT DETERMINES THAT  ANY  DATA  TO  BE  DISSEMINATED
   14  PURSUANT  TO  THIS  SECTION  IS NOT USEFUL FOR DETERMINATIONS CONCERNING
   15  HEALTH CARE QUALITY, THE DEPARTMENT SHALL RECOMMEND TO  THE  LEGISLATURE
   16  THE NECESSARY STATUTORY CHANGES.                                        
   17    S  2995-D.  FURTHER  STUDY OF OTHER HEALTH CARE PRACTITIONER DATA. THE
   18  DEPARTMENT SHALL:                                                       
   19    1. IDENTIFY THE CLASSES OF HEALTH CARE PRACTITIONERS LICENSED,  CERTI-
   20  FIED  OR  REGISTERED  PURSUANT  TO  TITLE  EIGHT  OF  THE EDUCATION LAW,
   21  CONCERNING WHOM IT WOULD BE FEASIBLE AND USEFUL TO COLLECT  AND  DISSEM-
   22  INATE  INFORMATION  USEFUL  FOR  MAKING DETERMINATIONS CONCERNING HEALTH
   23  CARE QUALITY;                                                           
   24    2. INVESTIGATE THE TYPES OF  DATA  CONCERNING  SUCH  PRACTITIONERS  TO
   25  WHICH  THE  PUBLIC  HAS  ACCESS,  INCLUDING  ALL INFORMATION PROVIDED BY
   26  FEDERAL, STATE OR LOCAL AGENCIES,  AND  THE  APPLICABLE  DATA  REPORTING
   27  REQUIREMENTS;                                                           
   28    3.  DETERMINE WHICH DATA CONCERNING SUCH PRACTITIONERS AND WHICH METH-
   29  ODS OF ACCESSING SUCH DATA, WILL BE THE MOST USEFUL AND  CONVENIENT  FOR
   30  HEALTH CARE CONSUMERS;                                                  
   31    4.    STUDY  THE  FEASIBILITY  AND  UTILITY  OF PROVIDING PRACTITIONER
   32  PROFILES BY MEANS OF THE SYSTEM COMMONLY KNOWN AS  THE  INTERNET,  ON  A
   33  SINGLE WEBSITE; AND                                                     
   34    5.  PROVIDE  A  REPORT OF ITS FINDINGS TO THE GOVERNOR AND LEGISLATURE
   35  WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.           
   36    S 2996. STUDY OF PHYSICIAN CREDENTIALING.   1.  THE  DEPARTMENT  SHALL
   37  EXAMINE  THE FEASIBILITY OF ESTABLISHING A CLEARINGHOUSE FOR CREDENTIAL-
   38  ING INFORMATION TO REDUCE THE BURDEN FOR PHYSICIANS REQUIRED  TO  SUBMIT
   39  CREDENTIALS  TO ENTITIES LICENSED AND REGULATED BY THE STATE. AS PART OF
   40  SUCH EXAMINATION, THE DEPARTMENT SHALL:                                 
   41    (A) EXAMINE THE EFFICACY OF THE CREDENTIALING  PROCESS  PRESCRIBED  BY
   42  SECTION TWENTY-EIGHT HUNDRED FIVE-J OF THIS CHAPTER;                    
   43    (B)  DETERMINE  WHICH  METHODS OF ORGANIZING SUCH A CLEARINGHOUSE WITH
   44  STANDARDIZED DATA IN A STANDARDIZED FORMAT  WILL  PROVIDE  THE  GREATEST
   45  USABILITY  AND  CONVENIENCE  TO  HEALTH  CARE  PROVIDERS AND HEALTH CARE
   46  PLANS;                                                                  
   47    (C) IDENTIFY THE MOST APPROPRIATE ENTITY TO ADMINISTER SUCH  A  CLEAR-
   48  INGHOUSE, AND VERIFY COLLECTED CREDENTIAL INFORMATION; AND              
   49    (D)  IDENTIFY  SAFEGUARDS  TO PROTECT THE PRIVACY OF PROVIDERS PARTIC-
   50  IPATING IN SUCH A CREDENTIALING SYSTEM.                                 
   51    2. THE DEPARTMENT SHALL PROVIDE A REPORT OF ITS FINDINGS AND RECOMMEN-
   52  DATIONS TO THE GOVERNOR AND LEGISLATURE WITHIN EIGHTEEN  MONTHS  OF  THE
   53  EFFECTIVE DATE OF THIS SECTION.                                         
   54    S  2997.  PATIENT  PRIVACY. 1. THE DEPARTMENT SHALL EXAMINE STATE LAWS
   55  PROTECTING THE PRIVACY OF INDIVIDUAL PATIENT  DATA,  AND  DETERMINE  THE
   56  NECESSITY OF SUPPLEMENTING EXISTING PROTECTIONS.                        
                                                                               
       S. 8127                             8                                   
                                                                               
    1    2.  THE  DEPARTMENT  SHALL  EXAMINE FEDERAL INITIATIVES PROTECTING THE
    2  PRIVACY OF INDIVIDUAL PATIENT DATA, AND SUCH FEDERAL INITIATIVES` POTEN-
    3  TIAL PREEMPTIVE EFFECT ON STATE LAW PROTECTIONS.                        
    4    3. THE DEPARTMENT SHALL PROVIDE A REPORT OF ITS FINDINGS TO THE GOVER-
    5  NOR  AND THE LEGISLATURE WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF
    6  THIS SECTION.                                                           
    7    S 2997-A. PUBLIC ACCESS.  NOTHING IN THIS TITLE SHALL  ABRIDGE  PUBLIC
    8  ACCESS  TO  INFORMATION  CURRENTLY  AVAILABLE  OR PERMITTED BY ANY OTHER
    9  PROVISION OR RULE OF LAW. NOTHING IN THIS TITLE SHALL NOT AUTHORIZE  THE
   10  DISCLOSURE OF OTHERWISE CONFIDENTIAL INFORMATION, EXCEPT PURSUANT TO THE
   11  EXPRESS TERMS OF THIS TITLE.                                            
   12    S  3. Article 29-D of the public health law is amended by adding a new
   13  title 2 to read as follows:                                             
   14                                    TITLE 2                               
   15                             QUALITY IMPROVEMENT                          
   16  SECTION 2998.   PATIENT SAFETY CENTER.                                  
   17          2998-A. INFORMATION.                                            
   18          2998-B. SAFETY GOALS.                                           
   19          2998-C. BEST PRACTICES.                                         
   20          2998-D. VOLUNTARY AND COLLABORATIVE REPORTING SYSTEM.           
   21          2999. CONTRACTING WITH PRIVATE ENTITIES.                        
   22          2999-A. PUBLIC ACCESS.                                          
   23    S 2998. PATIENT SAFETY CENTER. 1.  THERE  IS  ESTABLISHED  WITHIN  THE
   24  DEPARTMENT  A PATIENT SAFETY CENTER, REFERRED TO IN THIS ARTICLE AS "THE
   25  CENTER".                                                                
   26    2. THE PURPOSE OF THE CENTER IS TO  MAXIMIZE  PATIENT  SAFETY,  REDUCE
   27  MEDICAL  ERRORS,  AND  IMPROVE  THE  QUALITY OF HEALTH CARE BY IMPROVING
   28  SYSTEMS OF DATA REPORTING, COLLECTION, ANALYSIS AND  DISSEMINATION,  AND
   29  TO  IMPROVE  PUBLIC  ACCESS  TO  HEALTH  CARE  INFORMATION NOT OTHERWISE
   30  RESTRICTED.                                                             
   31    S 2998-A. INFORMATION. 1. THE CENTER SHALL IDENTIFY AVAILABLE INFORMA-
   32  TION THAT IS USEFUL FOR  MAXIMIZING  PATIENT  SAFETY,  REDUCING  MEDICAL
   33  ERRORS,  AND IMPROVING HEALTH CARE QUALITY, INCLUDING INFORMATION AVAIL-
   34  ABLE FROM FEDERAL, STATE AND LOCAL AGENCIES. THE CENTER  SHALL  EVALUATE
   35  REPORTING  REQUIREMENTS  AND DEVELOP RECOMMENDATIONS FOR THE LEGISLATURE
   36  TO CONSOLIDATE DATA COLLECTION AND ELIMINATE DUPLICATIVE AND UNNECESSARY
   37  REPORTING REQUIREMENTS, AND TO SUPPLEMENT  EXISTING  REPORTING  REQUIRE-
   38  MENTS IN ORDER TO SATISFY THE REQUIREMENTS OF THIS ARTICLE.             
   39    2.  THE CENTER SHALL PROMOTE THE COORDINATION OF THE ACTIVITIES OF THE
   40  CENTER WITH THE DUTIES AND  RESPONSIBILITIES  OF  THE  DEPARTMENT  UNDER
   41  TITLE  ONE  OF  THIS  ARTICLE,  AND  WITH FEDERAL AND OTHER PROGRAMS FOR
   42  IMPROVING PATIENT SAFETY OR HEALTH CARE QUALITY  INCLUDING  PROGRAMS  OF
   43  THE  NATIONAL  FORUM  FOR  HEALTH CARE QUALITY MEASUREMENT AND REPORTING
   44  (QUALITY FORUM).                                                        
   45    3. THE CENTER SHALL PROVIDE A REPORT OF ITS FINDINGS  AND  RECOMMENDA-
   46  TIONS  TO THE GOVERNOR AND LEGISLATURE AND MAKE SUCH REPORT AVAILABLE TO
   47  THE PUBLIC WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS  SECTION
   48  AND AT REGULAR INTERVALS THEREAFTER.                                    
   49    S 2998-B. SAFETY GOALS. 1. THE CENTER SHALL:                          
   50    (A)  PROMOTE  THE DEVELOPMENT AND DISSEMINATION OR REGIONAL AND STATE-
   51  WIDE PERFORMANCE INFORMATION, AND EFFORTS BY HEALTH CARE  ORGANIZATIONS,
   52  HEALTH  PLANS,  HEALTH  CARE  PROVIDERS AND HEALTH CARE PROFESSIONALS TO
   53  PARTICIPATE IN VOLUNTARY, COOPERATIVE EFFORTS TO IMPROVE PATIENT  SAFETY
   54  AND HEALTH CARE QUALITY, CONSISTENT WITH STATE LAW;                     
                                                                               
       S. 8127                             9                                   
                                                                               
    1    (B) UTILIZE THE INFORMATION COLLECTED PURSUANT TO THIS TITLE TO RECOM-
    2  MEND  STATEWIDE  MEDICAL  SAFETY  GOALS AND TRACK THE PROGRESS OF HEALTH
    3  CARE PROVIDERS IN MEETING THESE SAFETY GOALS;                           
    4    (C)  DEVELOP PROGRAMS TO ASSURE THE VALIDITY OF STATEWIDE DATA REPORT-
    5  ING SYSTEMS, INCLUDING THE USE OF RANDOM AUDIT;                         
    6    (D) ANALYZE AND REPORT ON  HEALTH  CARE  PERFORMANCE  OF  HEALTH  CARE
    7  PROVIDERS  AND  HEALTH  CARE PROFESSIONALS IN NEW YORK STATE PURSUANT TO
    8  THIS TITLE; AND                                                         
    9    (E) REPORT ITS FINDINGS, IN  AGGREGATE,  AND  RECOMMENDATIONS  TO  THE
   10  GOVERNOR AND LEGISLATURE WITHIN TWENTY-FOUR MONTHS OF THE EFFECTIVE DATE
   11  OF  THIS SECTION AND REEVALUATE AND UPDATE AT REGULAR INTERVALS FINDINGS
   12  AND RECOMMENDATIONS.                                                    
   13    S 2998-C. BEST PRACTICES. 1. THE CENTER SHALL:                        
   14    (A) REVIEW AND PROMOTE RESEARCH TO ASSIST HEALTH  CARE  PROVIDERS  AND
   15  HEALTH  PLANS IN IDENTIFYING SYSTEMIC PROBLEMS IN HEALTH CARE LEADING TO
   16  MEDICAL ERRORS OR IMPAIRING PATIENT SAFETY OR HEALTH CARE QUALITY, IDEN-
   17  TIFYING APPROPRIATE QUALITY IMPROVEMENT STRATEGIES  AND  DEVELOPING  AND
   18  ADOPTING HEALTH CARE BEST PRACTICES;                                    
   19    (B) SERVE AS A CLEARING HOUSE OF INFORMATION FOR HEALTH CARE PROVIDERS
   20  CONCERNING QUALITY IMPROVEMENT STRATEGIES AND BEST PRACTICES; AND       
   21    (C) REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND LEGIS-
   22  LATURE,  AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC WITHIN TWENTY-FOUR
   23  MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AND REEVALUATE  AND  UPDATE
   24  AT REGULAR INTERVALS FINDINGS AND RECOMMENDATIONS.                      
   25    S  2998-D.  VOLUNTARY AND COLLABORATIVE REPORTING SYSTEM.  THE CENTER,
   26  IN COLLABORATION WITH HEALTH CARE PROVIDERS, SHALL DEVELOP  A  VOLUNTARY
   27  AND COLLABORATIVE REPORTING SYSTEM, FOR THE PURPOSES OF OBTAINING INFOR-
   28  MATION  USEFUL  FOR  MAXIMIZING PATIENT SAFETY, REDUCING MEDICAL ERRORS,
   29  AND IMPROVING THE QUALITY OF HEALTH CARE PURSUANT TO THIS TITLE.        
   30    S 2999. CONTRACTING WITH PRIVATE ENTITIES.  THE  CENTER  MAY  CONTRACT
   31  WITH  ONE OR MORE PRIVATE ENTITIES TO UNDERTAKE THE DUTIES DELINEATED IN
   32  THIS TITLE.  SUCH ENTITIES SHALL REMAIN SUBJECT  TO  EXISTING  CONFIDEN-
   33  TIALITY PROTECTIONS.                                                    
   34    S  2999-A.  PUBLIC  ACCESS. NOTHING IN THIS TITLE SHALL ABRIDGE PUBLIC
   35  ACCESS TO INFORMATION CURRENTLY AVAILABLE  OR  PERMITTED  BY  ANY  OTHER
   36  PROVISION  OR  RULE  OF  LAW.  NOTHING IN THIS TITLE SHALL AUTHORIZE THE
   37  DISCLOSURE OF OTHERWISE CONFIDENTIAL INFORMATION, EXCEPT PURSUANT TO THE
   38  EXPRESS TERMS OF THIS TITLE.                                            
   39    S 4. Subdivision 3 of section 2805-l of  the  public  health  law,  as
   40  added by chapter 266 of the laws of 1986, is amended to read as follows:
   41    3.  The hospital shall conduct an investigation of incidents described
   42  in paragraphs (a) through (d) of subdivision two of this section  WITHIN
   43  THIRTY  DAYS  OF OBTAINING KNOWLEDGE OF ANY INFORMATION WHICH REASONABLY
   44  APPEARS TO SHOW THAT SUCH AN INCIDENT HAS OCCURRED,  PROVIDED  THAT,  IF
   45  THE HOSPITAL REASONABLY EXPECTS SUCH INVESTIGATION TO EXTEND BEYOND SUCH
   46  THIRTY  DAY  PERIOD,  THE  HOSPITAL  SHALL NOTIFY THE DEPARTMENT OF SUCH
   47  EXPECTATION AND THE REASON THEREFOR, and shall inform the department  of
   48  the  expected  completion date of the investigation.  The hospital shall
   49  provide to the department a copy  of  the  investigation  report  within
   50  twenty-four hours of completion.  Nothing herein shall limit the author-
   51  ity of the department to conduct an investigation of incidents occurring
   52  in general hospitals.                                                   
   53    S  5.  Subparagraph  (i) of paragraph (a) of subdivision 10 of section
   54  230 of the public health law, as amended by chapter 606 of the  laws  of
   55  1991, is amended to read as follows:                                    
                                                                               
       S. 8127                            10                                   
                                                                               
    1    (i) The board for professional medical conduct, by the director of the
    2  office  of  professional medical conduct, may investigate on its own any
    3  suspected professional misconduct, and shall investigate each  complaint
    4  received  regardless  of  the  source.    THE  DIRECTOR OF THE OFFICE OF
    5  PROFESSIONAL  MEDICAL  CONDUCT SHALL CAUSE A PRELIMINARY REVIEW OF EVERY
    6  REPORT MADE TO THE DEPARTMENT PURSUANT TO SECTION  TWENTY-EIGHT  HUNDRED
    7  THREE-E AS ADDED BY CHAPTER EIGHT HUNDRED SIXTY-SIX OF THE LAWS OF NINE-
    8  TEEN HUNDRED EIGHTY, SECTIONS TWENTY-EIGHT HUNDRED FIVE-L AND FORTY-FOUR
    9  HUNDRED FIVE-B OF THIS CHAPTER, AND SECTION THREE HUNDRED FIFTEEN OF THE
   10  INSURANCE LAW, TO DETERMINE IF SUCH REPORT REASONABLY APPEARS TO REFLECT
   11  PHYSICIAN  CONDUCT  WARRANTING  FURTHER  INVESTIGATION  PURSUANT TO THIS
   12  SUBPARAGRAPH.                                                           
   13    S 6. Paragraph (h) of subdivision 10 of  section  230  of  the  public
   14  health  law,  as added by chapter 606 of the laws of 1991, is amended to
   15  read as follows:                                                        
   16    (h) Disposition of results. The findings,  conclusions,  determination
   17  and  the  reasons for the determination of the committee shall be served
   18  upon the licensee {and}, the  department,  AND  ANY  HOSPITALS,  PRIMARY
   19  PRACTICE  SETTINGS  OR  HEALTH  CARE  PLANS REQUIRED TO BE IDENTIFIED IN
   20  PUBLICLY DISSEMINATED PHYSICIAN DATA PURSUANT TO PARAGRAPH (J), (N),  OR
   21  (Q)  OF  SUBDIVISION ONE OF SECTION TWENTY-NINE HUNDRED NINETY-FIVE-A OF
   22  THIS CHAPTER, within sixty days of the  last  day  of  hearing.  Service
   23  shall  be  either  by certified mail upon the licensee at the licensee`s
   24  last known address and such service shall be effective upon  receipt  or
   25  seven  days  after  mailing by certified mail whichever is earlier or by
   26  personal service and such service shall be effective upon  receipt.  The
   27  licensee  shall deliver to the board the license which has been revoked,
   28  annulled, suspended  or  surrendered,  together  with  the  registration
   29  certificate,  within  five  days  after  receipt  of the order.   If the
   30  license or registration certificate is lost,  misplaced  or  its  where-
   31  abouts  is  otherwise unknown, the licensee shall submit an affidavit to
   32  that effect and shall deliver such license or certificate to  the  board
   33  when  located. The director of the office shall promptly transmit a copy
   34  of the order to the division of professional licensing services  of  the
   35  state  education  department  and to each hospital at which the licensee
   36  has privileges.                                                         
   37    S 7. Section 6530 of the education law is  amended  by  adding  a  new
   38  subdivision 25-a to read as follows:                                    
   39    25-A.  WITH  RESPECT  TO  ANY  NON-EMERGENCY  TREATMENT,  PROCEDURE OR
   40  SURGERY WHICH IS EXPECTED TO INVOLVE LOCAL OR GENERAL ANESTHESIA,  FAIL-
   41  ING  TO DISCLOSE TO THE PATIENT THE IDENTITIES OF ALL PHYSICIANS, EXCEPT
   42  MEDICAL RESIDENTS IN  CERTIFIED  TRAINING    PROGRAMS,  PODIATRISTS  AND
   43  DENTISTS,  REASONABLY ANTICIPATED TO BE ACTIVELY INVOLVED IN SUCH TREAT-
   44  MENT, PROCEDURE OR SURGERY AND TO OBTAIN SUCH PATIENT`S INFORMED CONSENT
   45  TO SAID PRACTITIONERS` PARTICIPATION;                                   
   46    S 8. Paragraph (b) of subdivision 1 of section 2803-e  of  the  public
   47  health law, as amended by chapter 606 of the laws of 1991, is amended to
   48  read as follows:                                                        
   49    (b)  Hospitals  and other facilities approved pursuant to this article
   50  shall make a report or cause a report to be made within  {sixty}  THIRTY
   51  days  of obtaining knowledge of any information which reasonably appears
   52  to show that a physician is guilty of professional misconduct as defined
   53  in section sixty-five hundred thirty or sixty-five hundred thirty-one of
   54  the education law. A violation of this  {subparagraph}  PARAGRAPH  shall
   55  not be subject to the provisions of section twelve-b of this chapter.   
                                                                               
       S. 8127                            11                                   
                                                                               
    1    S  9.  Subdivision  2  of  section 2803-e of the public health law, as
    2  added by chapter 866 of the laws of 1980, is amended to read as follows:
    3    2.  Reports  of possible professional misconduct made pursuant to this
    4  section shall be made  in  writing  to  the  education  department  with
    5  respect  to  all  individuals  licensed  pursuant  to title eight of the
    6  education law except that such reports shall be made to  the  department
    7  of health in the case of physicians, physician`s assistants and special-
    8  ist`s  assistants.  Written reports shall include the following informa-
    9  tion:                                                                   
   10    (A) name, address, profession and license number of the individual{,};
   11    (B) a description of the action taken by the  hospital  including  the
   12  reason  for the action and the date thereof, or the nature of the action
   13  or conduct which led to the resignation  or  withdrawal,  and  the  date
   14  thereof, STATED WITH SUFFICIENT SPECIFICITY TO ALLOW A REASONABLE PERSON
   15  TO UNDERSTAND WHICH OF THE REASONS ENUMERATED IN SUBDIVISION ONE OF THIS
   16  SECTION  LED  TO  THE ACTION OF THE HOSPITAL OR THE RESIGNATION OR WITH-
   17  DRAWAL OF THE INDIVIDUAL, AND, IF THE REASON WAS AN ACT OR  OMISSION  OF
   18  THE INDIVIDUAL, THE PARTICULAR ACT OR OMISSION;                         
   19    (C)  any  criminal  conviction of which the hospital has knowledge{,};
   20  and                                                                     
   21    (D) such other information as the education department or the  depart-
   22  ment of health shall require.                                           
   23    S  10.  Paragraph (b) of subdivision 1 of section 4405-b of the public
   24  health law, as added by chapter 705 of the laws of 1996, is  amended  to
   25  read as follows:                                                        
   26    (b)  An organization shall make a report to be made to the appropriate
   27  professional disciplinary agency within {sixty} THIRTY days of obtaining
   28  knowledge of any information that reasonably  appears  to  show  that  a
   29  health  professional  is guilty of professional misconduct as defined in
   30  article one hundred thirty or one hundred thirty-one-A of the  education
   31  law.  A  violation  of  this  subdivision  shall  not  be subject to the
   32  provisions of section twelve-b of this chapter.                         
   33    S 11. Subdivision 2 of section 4405-b of the  public  health  law,  as
   34  added by chapter 705 of the laws of 1996, is amended to read as follows:
   35    2.  Reports  of possible professional misconduct made pursuant to this
   36  section shall be made in writing to the appropriate professional  disci-
   37  plinary agency. Written reports shall include the following information:
   38    (A)  the  name, address, profession and license number of the individ-
   39  ual; and                                                                
   40    (B) a description of the action taken by  the  organization  including
   41  the  reason  for  the  action and the date thereof, or the nature of the
   42  action or conduct that led to the resignation, termination  of  contract
   43  or  withdrawal,  and the date thereof STATED WITH SUFFICIENT SPECIFICITY
   44  TO ALLOW A REASONABLE PERSON TO UNDERSTAND WHICH OF THE REASONS  ENUMER-
   45  ATED  LED  TO THE ACTION OF THE ORGANIZATION OR THE RESIGNATION OR WITH-
   46  DRAWAL OF THE INDIVIDUAL, AND, IF THE REASON WAS AN ACT OR  OMISSION  OF
   47  THE INDIVIDUAL, THE PARTICULAR ACT OR OMISSION.                         
   48    S  12.  Paragraph  b of subdivision 1 of section 6510 of the education
   49  law, as amended by chapter 866 of the laws of 1980, is amended  to  read
   50  as follows:                                                             
   51    b.  Investigation.  The  department  shall  investigate each complaint
   52  which alleges conduct constituting professional misconduct. The  results
   53  of the investigation shall be referred to the professional conduct offi-
   54  cer  designated  by  the board of regents pursuant to section sixty-five
   55  hundred six of this article. If such officer decides that there  is  not
   56  substantial   evidence   of  professional  misconduct  or  that  further
                                                                               
       S. 8127                            12                                   
                                                                               
    1  proceedings are not warranted, no further action shall be taken. If such
    2  officer, after consultation with a professional member of the applicable
    3  state board for the profession, determines  that  there  is  substantial
    4  evidence  of  professional  misconduct, and that further proceedings are
    5  warranted, such proceedings shall be conducted pursuant to this section.
    6  If the complaint involves a question  of  professional  expertise,  then
    7  such  officer  may  seek,  and if so shall obtain, the concurrence of at
    8  least two members of a panel of three members of the  applicable  board.
    9  THE  DEPARTMENT SHALL CAUSE A PRELIMINARY REVIEW OF EVERY REPORT MADE TO
   10  THE DEPARTMENT PURSUANT TO SECTION TWENTY-EIGHT HUNDRED THREE-E AS ADDED
   11  BY CHAPTER EIGHT HUNDRED SIXTY-SIX  OF  THE  LAWS  OF  NINETEEN  HUNDRED
   12  EIGHTY  AND  SECTIONS FORTY-FOUR HUNDRED FIVE-B OF THE PUBLIC HEALTH LAW
   13  AND THREE HUNDRED FIFTEEN OF THE INSURANCE LAW,  TO  DETERMINE  IF  SUCH
   14  REPORT REASONABLY APPEARS TO REFLECT CONDUCT WARRANTING FURTHER INVESTI-
   15  GATION PURSUANT TO THIS SUBDIVISION.                                    
   16    S  13. Section 6511 of the education law, as amended by chapter 866 of
   17  the laws of 1980, is amended to read as follows:                        
   18    S 6511. Penalties for professional misconduct.   The  penalties  which
   19  may  be  imposed by the board of regents on a present or former licensee
   20  found guilty of  professional  misconduct  (under  the  definitions  and
   21  proceedings  prescribed  in  sections  sixty-five  hundred  nine{,}  AND
   22  sixty-five hundred ten {and sixty-five hundred ten-a} of  this  article)
   23  are:  (1)  censure and reprimand, (2) suspension of license, (a) wholly,
   24  for a fixed period of time; (b) partially, until the  licensee  success-
   25  fully  completes a course of retraining in the area to which the suspen-
   26  sion applies; (c) wholly, until the licensee  successfully  completes  a
   27  course of therapy or treatment prescribed by the regents; (3) revocation
   28  of  license, (4) annulment of license or registration, (5) limitation on
   29  registration or issuance of any further  license,  (6)  a  fine  not  to
   30  exceed ten thousand dollars, upon each specification of charges of which
   31  the  respondent  is  determined  to  be guilty, (7) a requirement that a
   32  licensee pursue a course of education or training, and (8) a requirement
   33  that a licensee perform up to one hundred hours of public service, in  a
   34  manner  and  at  a time and place as directed by the board. The board of
   35  regents may stay such penalties in whole  or  in  part,  may  place  the
   36  licensee  on probation and may restore a license which has been revoked,
   37  PROVIDED, IN THE CASE OF LICENSEES SUBJECT TO SECTION TWO HUNDRED THIRTY
   38  OF THE PUBLIC HEALTH LAW, NOTICE THAT  THE  BOARD  IS  CONSIDERING  SUCH
   39  RESTORATION  IS  GIVEN  TO THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT AT
   40  LEAST THIRTY DAYS BEFORE THE DATE ON WHICH  SUCH  RESTORATION  SHALL  BE
   41  CONSIDERED.    UPON  THE  RECOMMENDATION  OF  THE OFFICE OF PROFESSIONAL
   42  MEDICAL CONDUCT, THE BOARD OF REGENTS MAY DENY SUCH  RESTORATION.    Any
   43  fine  imposed pursuant to this section or pursuant to subdivision two of
   44  section sixty-five hundred ten of this  article  may  be  sued  for  and
   45  recovered  in  the  name  of  the  people of the state of New York in an
   46  action brought by the attorney general. In such action the findings  and
   47  determination  of  the  board  of regents or of the violations committee
   48  shall be admissible evidence  and  shall  be  conclusive  proof  of  the
   49  violation and the penalty assessed.                                     
   50    S  14.  Paragraph  2 of subsection (b) of section 315 of the insurance
   51  law, as amended by chapter 184 of the laws of 1988, is amended  to  read
   52  as follows:                                                             
   53    (2)  Each  hospital,  as defined in article twenty-eight of the public
   54  health law, which, AND EACH HEALTH CARE PRACTITIONER LICENSED, CERTIFIED
   55  OR REGISTERED PURSUANT TO THE PROVISIONS OF TITLE EIGHT OF THE EDUCATION
   56  LAW WHO, is self-insured for  professional  medical  malpractice  or  is
                                                                               
       S. 8127                            13                                   
                                                                               
    1  insured  for  professional medical malpractice with an insurance company
    2  not licensed to do business in this  state  shall  also  file  quarterly
    3  reports  with  the  superintendent and the commissioner of health on all
    4  claims  for  medical malpractice made against HIM, HER, OR it during the
    5  preceding three month period. For purposes of this section,  a  hospital
    6  which, OR INDIVIDUAL WHO, is self-insured for professional medical malp-
    7  ractice  shall  mean a hospital which, OR INDIVIDUAL WHO, is not insured
    8  for professional medical malpractice with either  an  insurance  company
    9  engaged  in  issuing  professional medical malpractice insurance in this
   10  state or the medical malpractice insurance association or  an  insurance
   11  company not licensed to do business in this state.                      
   12    S  15.  Section  315  of  the insurance law is amended by adding a new
   13  subsection (g) to read as follows:                                      
   14    (G) MALPRACTICE INSURANCE  COMPLIANCE  REPORTING  REQUIREMENTS.    THE
   15  FAILURE  TO  MAKE ANY REPORT REQUIRED BY THIS SECTION SHALL CONSTITUTE A
   16  MISDEMEANOR.  THE DEPARTMENT OF HEALTH SHALL OVERSEE THE ENFORCEMENT  OF
   17  THIS  SUBDIVISION, AND ON OR BEFORE JUNE THIRTIETH OF EACH CALENDAR YEAR
   18  PROVIDE A REPORT TO THE GOVERNOR AND THE LEGISLATURE REGARDING  INDUSTRY
   19  COMPLIANCE.  SUCH REPORT SHALL INCLUDE A RECOMMENDATION FROM THE DEPART-
   20  MENT REGARDING CHANGES IN THE APPLICABLE  PENALTIES  FOR  NONCOMPLIANCE,
   21  WHICH ARE NECESSARY TO ENSURE THE INTEGRITY OF THE REPORTING SYSTEM. THE
   22  DEPARTMENT  SHALL FURTHER STUDY THE NECESSITY OF ASSESSING PENALTIES FOR
   23  FALSE REPORTING BY PHYSICIANS,  HOSPITALS,  OR  HEALTH  CARE  PLANS  FOR
   24  PURPOSES  OF  COLLECTING AND DISSEMINATING DATA REQUIRED TO BE DISCLOSED
   25  PURSUANT TO TITLE ONE OF ARTICLE TWENTY-NINE-D OF THE PUBLIC HEALTH LAW.
   26    S 16. This act shall  take  effect  immediately;  provided,  that  the
   27  amendments  to  subparagraph  (i)  of paragraph (a) of subdivision 10 of
   28  section 230 of the public health law made by section five of  this  act,
   29  shall  not  affect  the expiration of such paragraph pursuant to chapter
   30  426 of the laws of 1983, and shall be deemed to expire therewith.       
.SO DOC S 8127          *END*                    BTXT                 1999     

Bill S08127
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